Thomas Morgan#5097

Thomas Morgan

Tom is an Associate in the Global Commercial Disputes Group at Reed Smith LLP.
Tom has experience in a wide range of contentious matters conducted in the English High Court. Tom has particular experience in insurance recovery, commercial litigation, and banking and financial services disputes.

Contributed to

3

E&W Brussels I (recast)—dealing with insurance matters [Archived]
E&W Brussels I (recast)—dealing with insurance matters [Archived]
Practice Notes

ARCHIVED: This Practice Note deals specifically with the reforms in Regulation (EU) 1215/2012, Brussels I (recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in Articles 8–14. The Practice Note considers general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party—the position where parties are on an equal footing is explored. Additional protection where there might otherwise be tacit prorogation of jurisdiction is considered as is impact of an agreed jurisdiction clause in an insurance dispute.

Rome I—insurance contracts (Art 7) (UK only)
Rome I—insurance contracts (Art 7) (UK only)
Practice Notes

This Practice Note looks at the insurance contract provisions in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escape routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents or third party rights against insurers is explored.

UK Rome I—insurance contracts (art 7)
UK Rome I—insurance contracts (art 7)
Practice Notes

This Practice Note looks at the insurance contract provisions in Assimilated Regulation (EC) 593/2008, Rome I (UK Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose and escape routes. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether UK Rome I or UK Rome II apply when dealing with vehicle accidents or third party rights against insurers is explored.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2019

Education

  • First class honours in War Studies, King's College, London

If you expected to see yourself on this page, click here.